About Commission

Higher Qualification and Disciplinary Bar Commission of Ukraine

According to the Law of Ukraine “On the Bar and Advocacy” # 5076-VI of 5 July 2012, the Higher Qualification and Disciplinary Bar Commission of Ukraine is a collegiate body elected to consider appeals against decisions, actions or inactions of local qualification and disciplinary Bar commissions of Ukraine.

Higher Qualification and Disciplinary Bar Commission is controlled by and accountable to the Congress of Advocates of Ukraine and the Bar Council of Ukraine.

Composition of the Higher Qualifications and Disciplinary Bar Commission

The Higher Qualification and Disciplinary Bar Commission is composed of thirty members, each having the professional advocacy experience of at least five years: one representative from each region elected at regional conference of advocates; Chairman and two Deputy Chairmen elected by the Congress of Advocates of Ukraine. The Secretary of the Higher Qualification and Disciplinary Bar Commission of Ukraine is elected from among the members of the Higher Qualification and Disciplinary Bar Commission of Ukraine.

Higher Qualification and Disciplinary Bar Commission of Ukraine is competent on the condition that at least two thirds of its members elected.

The term of office of the Chairman, Deputy Chairmen, Secretary and members of the Higher Qualification and Disciplinary Bar Commission of Ukraine is five years. One and the same person shall not be elected Chairman, Deputy Chairman, Secretary or a member of the Higher Qualification and Disciplinary Bar Commission of Ukraine for more than two consecutive terms.

Chairman, Deputy Chairmen, Secretary and members the Higher Qualification and Disciplinary Bar Commission of Ukraine may be prematurely withdrawn from office by decision of the body, which elected them to their positions.

Chairman, Deputy Chairmen, Secretary and members the Higher Qualification and Disciplinary Bar Commission of Ukraine shall not simultaneously hold a position of a member of Higher Qualification and Disciplinary Bar Commission of Ukraine, regional audit commission, the Higher Audit Committee of the Bar, regional Bar Council, Bar Council of Ukraine, Pro-Bono Commission of the Bar.

Higher Qualification and Disciplinary Bar Commission of Ukraine:

Considers appeals against decisions, actions or inactions of Qualification and Disciplinary Bar Commissions of Ukraine;

Summarizes the practice of Qualification and Disciplinary Bar Commissions of Ukraine;

Performs other functions prescribed by the Law.

Higher Qualification and Disciplinary Bar Commission of Ukraine having considered the appeal against decisions, actions or inactions of Qualification and Disciplinary Bar Commission may:

Leave the complaint, and the decision of the Qualification and Disciplinary Bar Commission unchanged;

Change the decision of Qualification and Disciplinary Bar Commission;

Annul the decision of Qualification and Disciplinary Bar Commission and adopt a new decision;

Remand the case for new consideration to the relevant Qualification and Disciplinary Bar Commission and oblige Qualification and Disciplinary Bar Commission to take certain actions.

The meetings of the Higher Qualification and Disciplinary Bar Commission of Ukraine shall be considered valid if attended by more than half of the total members. Decisions of the Higher Qualification and Disciplinary Bar Commission of Ukraine are taken by majority vote of the total members of the commission.

The decision of the Higher Qualification and Disciplinary Bar Commission of Ukraine may be appealed to the court within thirty days after its adoption.

Chairman of the Higher Qualification and Disciplinary Bar Commission of Ukraine represents the Higher Qualification and Disciplinary Bar Commission of Ukraine before the government, local authorities, enterprises, institutions, organizations and citizens.

Chairman of the Higher Qualification and Disciplinary Bar Commission of Ukraine provides for the arrangement and holding of meetings of the Higher Qualification and Disciplinary Bar Commission of Ukraine, distributes the duties among the Deputies, organizes and provides record of the Higher Qualification and Disciplinary Bar Commission of Ukraine, manages the funds and property of the Higher Qualification and Disciplinary Bar Commission of Ukraine in accordance with the approved budget, performs other actions specified in the Law, the Regulation on the Higher Qualification and Disciplinary Bar Commission of Ukraine, decisions of the Bar Council of Ukraine and the Congress of Advocates of Ukraine.

Chairman of the Higher Qualification and Disciplinary Bar Commission of Ukraine is entitled to remuneration in the amount established by the Congress of Advocates of Ukraine or the Bar Council of Ukraine.

The Higher Qualification and Disciplinary Bar Commission of Ukraine is a legal entity and operates in accordance with this Law and other laws of Ukraine and with the Regulation on the Higher Qualification and Disciplinary Bar Commission of Ukraine.

The founding document of the Higher Qualification and Disciplinary Bar Commission of Ukraine is the Regulation on the Higher Qualification and Disciplinary Bar Commission of Ukraine, approved by the Congress of Advocates of Ukraine.